Any amendments to this Zoning Code or the Zoning Map, including rezoning of property, requires a multi-part review and approval process.
(a) Part One: Planning Commission shall hold a public hearing to review all applications, and shall advertise a legal notice of the time, place and date of such hearing in a newspaper of general circulation in the City at least 14 days prior to the hearing, to determine:
(1) Consistency with the in all respects with the purpose, intent and applicable standards of this chapter, and the general zoning, building, subdivision and other pertinent ordinances of the City, and the City’s goals, policies and comprehensive land use plan, including any corridor plans, or subarea plans;
(2) Compatibility of the site’s physical, geological, hydrological, and other environmental features with the potential uses allowed in the proposed zoning district;
(3) Availability of sites elsewhere in the City that are already zoned for the proposed use;
(4) Compatibility of all the potential uses allowed in the proposed zoning district with the surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, and infrastructure;
(5) Capacity of City infrastructure and services to accommodate the uses permitted in the requested district without compromising the "health, safety, and welfare" of its citizens;
(6) Apparent demand for the types of uses permitted in the requested zoning district in the City in relation to the amount of land in the City currently zoned to accommodate the demand; and
(7) The benefits, improved arrangement and the general design of the proposed development justify the deviation from other districts, as included in this Zoning Ordinance.
(b) Part Two: After Planning Commission acts on the application, the Administrator shall mail to the applicant a written recommendation which shall contain the motion as carried by the Planning Commission to include any conditions. If the Planning Commission is in favor of the applicant’s request to change, the Clerk of Council shall submit the recommendation to Council in writing, and Council shall accompany the same by an ordinance. If the Planning Commission decides against the proposed change or supplement, nothing further shall be done, unless within 14 days from the date of the decision the applicant files a request with the Clerk of Council to forward the recommendation to Council in the nature of an appeal.
(c) Council Hearing Notice. Council shall hold a public hearing before the adoption of the proposed amendment or change and shall publish one notice of the time, place and date of such hearing in a newspaper of general circulation within the City at least 14 days prior to the hearing, provided that if the proposed amendment or change rezones or redistricts ten or fewer parcels of land, written notice of the hearing shall also be mailed to the owners of all properties located within 200 feet in any direction of the property affected by the proposed amendment, and also to any other property owners that Council may determine as being affected by the proposed change. Such notice shall be mailed by first-class mail at least ten days before the date of the hearing. Failure to notify as hereinabove provided shall not invalidate an ordinance, provided that such failure was not intentional.
The omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission, be affected by such amendment or change, shall not invalidate any ordinance passed hereunder, it being the intention of this section to provide, as far as may be possible, for notice to the persons substantially interested in the proposed change that an ordinance is pending before Council that propose to make a change in the Zoning Map or the regulations set forth in this Zoning Code.
(d) Withdrawal of Application. Any request to withdraw an application to amend or change the Zoning Map or regulations set forth in this Zoning Code shall be provided in writing to the Administrator at least 17 days prior to the public hearing scheduled before Planning Commission or Council. Withdrawal of an application shall have the same effect as denial of the application by Council.
(e) New Application Following Denial. When an application to amend or change the Zoning Map or regulations set forth in this Zoning Code has been denied by Council, no new application for the same proposed amendment or change shall be filed within six months of the date the previous denial became effective. Any new application shall require a public hearing before Planning Commission prior to the required public hearing before Council.
(f) Amended Zoning Map. The original Zoning Map shall be identified by the signature of the Mayor and attested by the Clerk of Council. The original Zoning Map shall be kept on file with the Clerk of Council who may provide such duplicate copies as may be necessary for the general public and for the proper administration of this chapter. All such duplicate copies shall be clearly marked "DUPLICATE" and shall contain a date of reproduction. The original Zoning Map shall, in all cases be the final authority as to the status of current zoning districts irrespective of the number of duplicate copies that may be in existence. In the event that the original Zoning Map becomes damaged, destroyed, or lost, Council may, by ordinance, adopt a new original Zoning Map that shall supersede the prior original Zoning Map. The new original Zoning Map may correct drafting or other errors or omissions in the prior original Zoning Map, but no such corrections shall have the effect of amending the Zoning Map or subsequent amendments thereof.
(Ord. A-3075. Passed 1-24-22.)